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An appeals court has ruled that Toronto-based Trillium Power Wind Corp. can proceed with its lawsuit against the Ontario government. The developer had filed the lawsuit in response to Ontario's moratorium on offshore wind development, established in 2011.

A Superior Court judge originally dismissed Trillium's case in October 2012, and Trillium later filed an appeal. The developer says this new ruling will allow the company to have its day in court.

Trillum is seeking $2.25 billion in damages and claims "misfeasance in public office" by the ministries named in the action. The company says it was well advanced in developing wind projects located between 10 km and 120 km offshore in the Great Lakes when moratorium was instituted.

Trillium also claims it was specifically targeted, as the moratorium was announced just one hour before the company was to complete financing arrangements for its TPW1 offshore wind project, which was planned for 28 km offshore in Lake Ontario.

John Kourtoff, company president and CEO, says Trillium appreciates the new court ruling.

“We now have an opportunity to go forward and present our evidence and air the facts regarding the improper actions that were taken against us by the previous government,” comments Kourtoff. “We want to work with the new Ontario government and hope that they seriously consider a dialog with Trillium Power. Trillium Power wants to remove the $2.25 billion financial risk to Ontarians."

Trillium Power says it remains hopeful of developing its TPW1 far-offshore wind site.

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